πŸ“– Commercial lease glossary

Rent Commencement Date: The Billing Anchor

The rent commencement date is when the tenant's base rent obligation starts. It often trails lease commencement because landlord work, tenant work, and certificates of occupancy delay the money.

Three start dates, one billing clock

Commercial leases carry three start dates that get blended constantly: delivery or substantial completion (the space is finished in the condition the lease defines), lease commencement (the term begins, option clocks arm, and most covenants attach), and rent commencement (base rent starts accruing). In a straightforward renewal of occupied space, all three can be the same day. In landlord-work deals they are routinely months apart.

Rent commencement is the date billing should obey; lease commencement is the date the term and expiration obey. When a lease states a five-year term from lease commencement with rent starting later, the expiration stays locked to the earlier date and the tenant enjoys free occupancy in between. Feeding the rent date into term fields silently extends the lease.

Free rent periods are anchored to one of the dates - read which. 'The first three months of the term are abated' keys off lease commencement. 'The first 90 days following rent commencement' keys off rent commencement. They produce different first-cash dates, and the difference is real money in year one.

How the date gets set is itself a drafting choice. Some leases fix rent commencement as a calendar date; most landlord-work deals tie it to an event - 'the later of substantial completion or the date tenant work is complete' - with the landlord required to give written notice of substantial completion, and deemed notice if the tenant occupies without objecting. Record the trigger, the notice mechanic, and whether tenant occupancy can start the clock by itself, because deemed-commencement language moves money without anyone filing paperwork.

Conditions precedent, outside dates, and the certificate trap

Rent commencement is usually conditional: landlord work complete or substantially complete, tenant work complete, a certificate of occupancy for the right space, and sometimes estoppel or SNDA delivery on a takeover. Every one of those conditions is a reason rent does not start when the calendar says it should, and a mature abstraction records each condition plus who certifies it.

Outside dates discipline the landlord. If the work is not delivered by the outside date, the tenant typically gets a termination right, damages, or rent abatement until delivery - sometimes all three in a priority order. Record the outside date, the remedy hierarchy, and whether force majeure extends it.

The most common trap is certificate asymmetry: rent commences upon the building's certificate of occupancy rather than the premises'. On new construction, the building can be certified while the tenant's space lacks power, elevator access, or an open corridor - and the tenant is paying rent on rooms it cannot occupy. Record exactly which milestone triggers rent: substantial completion, building CO, premises CO, or completion of tenant work.

Tenant-side conditions cut the other way. Landlords increasingly condition rent commencement on the tenant completing its own work by a deadline; if the tenant is the reason delivery slips, the lease typically deems rent to have commenced anyway, or starts it on the outside date regardless. The abstraction needs both sides of that coin: what must the landlord do for rent to be paused, and what must the tenant do for the pause to survive.

The anchor-date family, with a worked timeline (hypothetical)

Nearly every other date in the lease hangs off this family: term length and expiration, the base year for expense pass-throughs, escalation anniversaries, renewal option notice windows, holdover triggers, and percentage rent reporting years. When rent commencement slips, only the clauses drafted off it move; clauses drafted off lease commencement do not. That is how one month of construction delay creates two calendars running inside a single lease.

Hypothetical timeline: lease commencement October 1. Landlord work - an HVAC replacement - finishes late, substantial completion lands November 20, and rent commencement is set at December 15. The lease gives 90 days of free rent measured from rent commencement, so the first cash base rent payment falls due March 15. Escalations then occur each October 1 because the clause references lease commencement anniversaries, and the expense base year is the first full calendar year after rent commencement. Three clocks, three anchors. A team that sets every date to December 15 gets the expiration, the escalation schedule, and the base year subtly wrong in different ways, every single year.

When the delay drags on, the remedies interact: abatement during the holdout usually flows from the rent commencement clause or the outside-date remedy, so the same calendar slip cascades into free-rent ledgers, a later first payment, and - if the base year keys off the first full calendar year - a reference period a year further out. Every downstream date inherits the slip, and only the clauses drafted off lease commencement stay politely where they were.

Consequences for Yardi billing setup

In practice, the rent commencement date is a charge-schedule input, not a lease-record input, and mixing those up is the most common data-entry failure in lease administration.

  • βœ“Enter the charge schedule start at contractual rent commencement, not lease commencement
  • βœ“Model free rent as an abatement on the rent schedule rather than shifting the start date
  • βœ“Anchor escalation step dates to the anniversary the clause actually references
  • βœ“Log any outside-date event that moves rent commencement, and re-run the schedule
  • βœ“Set base-year and recovery charge periods from the anchor the lease states
  • βœ“Keep tenant improvement amortization separate - TI repayment can begin on a different day than rent

Frequently asked questions

What is the difference between lease commencement and rent commencement?

Lease commencement starts the term and most covenants; rent commencement starts the base rent obligation. In landlord-work deals they can be months apart, and each drives different clauses and different billing records.

Can a tenant have to pay rent before occupying the space?

Yes, when the rent commencement trigger is met but the tenant's own conditions are not. The building-CO trap is the classic case: rent starts when the building is certified even though the premises are unusable.

How is a free rent period counted?

Depends on the drafting. Some leases count the free months from lease commencement, others from rent commencement. The two give different first-cash dates, so record the anchor, not just the duration.

What happens if the landlord misses the outside date?

The tenant typically gains a termination right, damages, or abatement until delivery, sometimes in a stated priority order. Force majeure may extend the date. Record the outside date and the full remedy stack.

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